Summary
| Section | Description |
|---|---|
| 🏠 Short-term vacation rental agreement | An written agreement governing the temporary rental of a property for a specified period. |
| ✍️ Why a written contract? | It protects both parties by specifying the conditions, rights, and obligations. |
| 📜 Legal framework | Regulated by the Tourism Code and the Civil Code, with obligations such as reporting to the local authorities. |
| 📄 Mandatory notices | Includes the identity of the parties, the description of the property, the duration, the rent, and the security deposit. |
| 👨💼 Obligations of the owner | The owner must provide a good condition accommodation, ensure peaceful enjoyment, and carry out necessary repairs. |
| 🧑💼 Obligations of the tenant | The tenant must use the property reasonably, pay the rent on time, and comply with the contract rules. |
| 📋 Property inspection | An essential document carried out at check-in and check-out to compare the condition of the property. |
| ❌ Contract termination | The termination varies depending on the conditions of the contract. The tenant loses their deposit if canceled; the owner must refund the double of the deposit if they cancel. |
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The short-term rental contract is an indispensable document to regulate the rental of a property for a short period. It protects both the owner and the tenant during the stay.
What is a short-term vacation rental contract?
A vacation rental contract is a written agreement concluded between an owner and a tenant, aimed at regulating the temporary provision of a property for a specified period. This type of contract mainly applies to properties rented for vacations, leisure or professional stays, and cannot exceed a maximum duration of 90 consecutive days.
Short-term rentals differ from other types of leases (such as standard or furnished housing leases) by their shorter duration and non-residential purpose. In fact, the rented property under a short-term rental contract is never the main residence of the tenant, meaning the tenant does not intend to settle there permanently. It is therefore a temporary rental, often chosen for stays limited to holidays or occasional work.
Why use a written contract?
The short-term rental contract must be formalized with a written document, even for a short period, to protect both parties. Establishing a contract allows clarifying the conditions of the rental, the rights and obligations of each party, and prevents potential disputes. The owner can include specific clauses, such as payment terms, cancellation policies, and responsibilities of the tenant. In case of disagreement or problem (e.g., damages, last-minute cancellation, rule violations), the contract serves as a legal reference.
Legal framework for short-term rentals
In France, short-term rental is governed by the Tourism Code and the Civil Code. It is strictly regulated by law, notably the ALUR law (2014), which imposes certain obligations such as declaration to the local authorities in some cities (especially those with more than 200,000 inhabitants) and adherence to a limit of 120 days per year for renting primary residences. This aims to regulate the real estate market in response to the rise of platforms like Airbnb, which have increased short-term rentals in large cities.
Mandatory clauses in a short-term rental agreement
For a contract to be legally valid, it must include several mandatory notices. These elements are essential to protect both the owner and the tenant by clearly defining the terms of the agreement and avoiding potential disputes. A contract missing these notices could be considered null and unenforceable in case of disagreement.
Parties’ identification
The contract must start with clear and precise identification of the two parties: the owner (or lessor) and the tenant (or lessee). This includes full names, addresses, and if necessary, other information such as phone numbers and email addresses to facilitate communication between both parties.
| Element | Description |
|---|---|
| Parties’ identity | Names and addresses of the owner and tenant |
Detailed description of the property
The contract must include a precise description of the rented accommodation. This includes the full address of the property, its total area in square meters, the number of main rooms (bedrooms, living rooms, etc.), and the furniture provided (equipped kitchen, internet connection, air conditioning, etc.). Additionally, a description of furniture and equipment in the property should be detailed in an inventory attached to the contract.
| Element | Description |
|---|---|
| Description of the property | Address, area, equipment, and furniture |
Rental duration
The duration of the rental must be explicitly indicated with the specific dates of start and end. It is important to note that the maximum duration for a short-term rental is 90 days consecutive days for the same tenant, with exceptions in certain very specific tourist areas.
| Element | Description |
|---|---|
| Rental duration | Exact dates, must not exceed 90 days |
Rent and payment terms
The total amount of rent for the rental period should be specified in the contract, along with payment terms. This may include the amount payable before moving in (such as deposits or advance payments), and the deadline for paying the balance. Any applicable charges (water, electricity, internet, etc.) should also be specified, whether included in the rent or payable separately.
| Element | Description |
|---|---|
| Rent and payment | Total amount and payment terms |
Security deposit
The contract must specify the amount of the security deposit, a sum paid by the tenant at check-in to cover potential damages caused to the property during the stay. The security deposit is generally refunded to the tenant within a specified period after departure, provided no damage is observed during the move-out inspection. The contract should also detail the conditions for refund, including whether part of the deposit can be retained for repairs or unpaid charges.
| Element | Description |
|---|---|
| Security deposit | Amount to be paid as guarantee against damages |
Other important notices
In addition to the above elements, other information may be included in the short-term rental contract for increased clarity. This includes key handover procedures, cancellation policies, inspection procedures, and tenant obligations during the stay (reasonable use of equipment, respect for neighbors, etc.).
Obligations of the owner and tenant
In a short-term rental contract, both owner and tenant are subject to specific legal obligations. These responsibilities aim to ensure a fair relationship between the two parties and prevent potential conflicts.
Owner’s obligations
The owner has the primary responsibility to guarantee that the rental property is in good working order and allows for peaceful enjoyment. This means ensuring the property matches the description in the contract, regarding equipment and hygiene and safety conditions. The owner must also ensure the tenant can fully benefit from the property without disturbances, such as nuisances or significant malfunctions.
In case of issues related to the property’s condition (failure of essential equipment or structural problems), the owner is responsible for repairs not caused by misuse by the tenant. They must respond quickly to fix damage or major faults.
| Owner’s obligations | Description |
|---|---|
| Provide a well-maintained property | The property must be in perfect condition for the tenant |
| Guarantee peaceful enjoyment | The tenant must be able to use the property without disturbance |
| Carry out necessary repairs | The owner handles repairs for issues not caused by the tenant |
Tenant’s obligations
The tenant must, in turn, use the property reasonably and return it in a clean state at the end of the rental. This means respecting the intended use specified in the contract and using the equipment provided without causing damage. They also agree to pay rent and charges on time, or the owner can invoke the guarantees provided, such as withholding from the security deposit.
Furthermore, the tenant must respect good neighbor rules and follow the house rules, especially within co-ownership settings. Any inappropriate use of the property (excessive noise, damage to furniture, etc.) constitutes a violation of the contract.
| Tenant’s obligations | Description |
|---|---|
| Use the property reasonably | The tenant should make normal use of the property and equipment |
| Pay rent on time | The tenant must settle rent and charges within the specified timeframe |
| Respect equipment and rules | The tenant must adhere to the house rules and protect the equipment |
The importance of the property inspection
The property inspection is an essential document in short-term rentals. It must be performed at both move-in and move-out. The purpose of this document is to describe the state of the property and its equipment at two specific moments: before and after the rental period.
Check-in inspection
The check-in inspection is conducted when the tenant takes possession of the premises. It involves making a detailed inventory of all aspects of the property: walls, floors, electrical installations, plumbing, furniture, appliances, etc. Each detail is recorded in the document to ensure everything is in good condition. This document is signed by the tenant and owner (or their representative), confirming their agreement on the property’s condition at that moment.
This document protects the tenant in case of unjustified claims by the owner regarding damages not caused by the tenant during their stay. It also allows the owner to prove that the property was returned in good condition at the beginning of the rental.
Check-out inspection
The check-out inspection is carried out when the tenant leaves the property. It serves to compare the condition of the property with that observed at check-in. If damages or degradations are found (stains on walls, damaged furniture, malfunctioning appliances), the owner may deduct part or all of the security deposit to cover repair costs. If the property’s condition is deemed consistent with the initial state, the owner must return the security deposit within the period specified in the contract (usually within 15 days to a month).
The property inspection: a tool to prevent disputes
The property inspection is a valuable tool to prevent disputes between the owner and the tenant. In case of disagreement over the condition of the property, the inspection report serves as an official proof, as it is signed by both parties. This document protects the tenant from abusive claims and helps the owner defend against irresponsible use of the property.
| Type of inspection | Objective |
|---|---|
| Entry | To record the state of the property before rental |
| Exit | To compare the condition after rental |
How to carry out a property inspection?
The inspection can be performed with both parties (owner and tenant) or their representatives. Every detail should be noted precisely, and it is recommended to attach photos for clarity. If a disagreement occurs over the condition of the property, both parties can involve a notary to conduct a contradictory inspection.
How to terminate a short-term rental contract?
Terminating a short-term rental contract is not as straightforward as ending a conventional lease. It depends on the conditions specified in the contract and the procedures agreed upon between the owner and the tenant. The type of termination ( initiated by the tenant or the owner) also determines the financial consequences, especially regarding the refunding of advance payments, such as deposits or deposits.
Termination by the tenant
When the tenant wishes to cancel a rental after signing the contract, it is important to refer to the cancellation terms outlined in the agreement. Generally, if the tenant has paid deposits at the time of reservation, they automatically forfeit that amount if they decide to cancel, with no possibility of refund.
In some cases, the contract may include special conditions for exceptional circumstances (such as force majeure) that allow the tenant to recover part or all of the deposits.
| Cancellation scenarios | Consequences |
|---|---|
| Tenant cancels | Loss of the deposits paid, unless otherwise stipulated in the contract |
Termination by the owner
If the owner wishes to terminate the contract, the consequences are more severe. Except in cases of force majeure (unexpected event making the rental impossible, such as a fire or natural disaster), the owner must refund not only the deposits paid by the tenant but also pay a d indemnity equivalent to double the deposits. This clause aims to protect the tenant from last-minute cancellations that could disrupt their plans.
| Cancellation scenarios | Consequences |
|---|---|
| Owner cancels | Refund of double the deposits paid by the tenant |
Cancellation and deposits
The situation differs if, instead of deposits, the tenant paid a deposit. Unlike deposits, a deposit binds both parties firmly. If the tenant cancels after paying a deposit, they are generally required to pay the full rental amount unless the owner manages to re-let the property for the same period.
Conversely, if the owner terminates after receiving a deposit, they are not only obliged to refund the deposit but may also be liable to pay damages and interest for moral or financial harm.
| Deposit | Consequences |
|---|---|
| Tenant cancels | The tenant may be required to pay the full rental amount |
| Owner cancels | Refund of the deposit and possible damages |
Force majeure scenarios
In certain exceptional situations, both parties may invoke force majeure (an unpredictable event beyond the parties’ control, such as a natural disaster or health emergency). In such cases, the cancellation procedures can be adapted, and the tenant could recover deposits or deposits even after cancellation.
Conclusion
The contract for short-term rental is an indispensable element to regulate short-term rentals. It ensures balanced relations between the owner and the tenant, preventing disputes and protecting both parties’ interests.
